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DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. LAWRENCE OKING, JR., ap, ET AL., def

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. LAWRENCE OKING, JR., ap, ET AL., def — (INDEX NO. 18029/09)In an action to foreclose a mortgage, the defendant Lawrence O'King, Jr., appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated October 22, 2014, as denied that branch of his motion which was pursuant to CPLR 5015(a) (4) to vacate a judgment of foreclosure and sale of the same court (Loehr, J.) entered June 11, 2010, upon his default in appearing in the action or answering the complaint.

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DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. LAWRENCE OKING, JR., ap, ET AL., def — (INDEX NO. 18029/09)In an action to foreclose a mortgage, the defendant Lawrence O’King, Jr., appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated October 22, 2014, as denied that branch of his motion which was pursuant to CPLR 5015(a) (4) to vacate a judgment of foreclosure and sale of the same court (Loehr, J.) entered June 11, 2010, upon his default in appearing in the action or answering the complaint.

ORDERED that the order dated October 22, 2014, is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine whether the defendant Lawrence O’King, Jr., was properly served with process pursuant to CPLR 308(4), and for a new determination thereafter of that branch of his motion which was pursuant to CPLR 5015(a)(4) to vacate the judgment of foreclosure and sale.

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